Right to Self-Perceived Gender Identity Affirmed by Kerala High Court: Transgender Woman’s Enrolment in NCC Upheld

The Kerala High Court, in a significant judgment, has affirmed the right of Hina Haneefa, a transgender woman, to enrol in the National Cadet Corps (NCC) as per her self-perceived gender identity. This decision is a pivotal recognition of transgender rights under the Transgender Persons (Protection of Rights) Act, 2019, and upholds the principles of equality and non-discrimination enshrined in the Indian Constitution.

Facts and Issues: The case involved Hina Haneefa, a transwoman who, post-sex reassignment surgery, sought enrolment in the NCC’s female wing. The refusal of her enrolment was initially based on the criteria set by Section 6 of the National Cadet Corps Act, 1948, which only acknowledged male and female categories. The central issue was whether this refusal infringed upon her rights under the Transgender Persons Act and the Constitution.

Court Assessment: The Court closely examined the relevant statutes, particularly emphasizing the Transgender Persons Act. Justice C.S. Sudha remarked, “…when the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under Section 6(2) of the Act.” The judgment recognized the crucial right to self-perceived gender identity. However, the Court clarified its limitation in directing the legislature to amend the NCC Act, highlighting the separation of powers in governance.

Decision: The Kerala High Court ruled in favor of Hina Haneefa, allowing her enrolment in the NCC as a female candidate. The directive to amend the NCC Act for including transgender individuals was set aside, with the Court expressing hope that the government would consider including transgender categories in light of the Supreme Court’s directives and the provisions of the Transgender Persons Act.

Date of Decision: 22^nd February 2024

National Cadet Corps & Others.  VS Hina Haneefa @ Muhammed Ashif Ali N & Others.